Amendment status not verified — confirm the current text below against the official source.
Rrllere a Bhumidhar, being minor, lunatic or idiot. Asami has not used his holding for a purpose coonected wilh agri- to the holding of culture, horticulhe or a~nnal. husbandry wGch Ixludes a disabled pj>iscicu!t7~e and poufiry famli~~g, two c o n s ~ u t i v ~ agri- Bhurnidhar. cultural years, the Gaon Sabia may, notwithsl~~d~ip acy- thL~g cantained in any law, aM:r notice to the Bkum;dbar and his guardian ai~d after such enquiry as n a y be p-escri- bed, after the expry of the two years afcrssa~d, a d z d on behag of the EE?runidhar, any pzrson as Asnmi to the land ' comprisediin tke hddicg in tke manner and u p n t b ~ t ~ i ~ l S as :;lay be pr3sc:ibed a;id all the prov;sIons ~ l - tiis itatzt tip- pIica5ie tc an A s a ~ shall apply to hirn ns If he k a i been adxit:ed to the land by the Bhumi-Shar personally. Consequen- 'b5A. (!)I Y/f,ere on the bssis cf aqy jifomatioa re- ces where shumidhar ceived by Em. (EX otherwise the Deputy- 1C:ornmissjo~:r has reason ip SeZeve that any land i3cIudcd in the hol3irrg of leaves land a Bhumibbar or Asami ha:, not been used for two cclsecu- ~ ~ l t i v a t e d - tive egricu~tuxsl years irmediately ?receding for a pacpase c ~ ~ e c t e i l ; with ag5cultu1-e, hvi*Lic~1:ture . ~ r anirnal hsban- dry which inclildes ~iscicnltuse or poultry farming, Cc may, unless the laud lies withia the belt re'%ned to in seztion 23 or unless s ~ n c t i o ~ under that section has been obtaiced in respect thzreof, by notice require- (i) the Bhrrnidhar to appear and show caasr, why the lsnd rnay not be let out for any such purpse as aforesaid to any person; (ii) the Asami to appear and show cause shy his interest rnay not be extinguished and the land res~ored - . 'Ins. by s. 11 of Central Act 35 of 1965. The Delhi Land Reform Act, 1954. qf 'hapter I l l - 6 . Surrender, Abandonmefit, Extinction and AcqLcisitbn (Bhumidizms m d Asurnis)) (2) The notice under sub-section (1) shall state the grounds for believing that the land has not been used ior any purpose reierred to in that subscction'and such other particulars as may be prescribed. (3) If the Bhumidhar or the Asami appears and satisfies the Deputy Commissioner- (a) that the land was used for a purpose connected with agriculture, horticulture or animal husbandry which includes pisciculture and poultry farning during the period mentioned in sub-section (1); (b) that he had sdlicient cause for not using it as aforesaid; or (c) that he shall within one year next following the date of service of the notice under sub-section (I), ase the land for any such puspme as aforesaid ucless in the meantime the land is included w;:hin any belt refer- red to in seciion 23 or the use of the land for industrial purposes is sanctioned under that ssction, the Deputy Commissioner shall, in a case falling u d c r clause (a) or clause (b), discharge the notice fmthwith sad in a case falling under clmse (c), postpme furiksr pzocerrl- hgs to a date s;le year aker the bat= of service of tt~e said (3) On the date fixed under sub-ation (SF or any o:ser date tc which t3e proceedicgs may 'se adjcu~rned, tbe Di:pmy Camissjmer if he is satis5ed that tile l a d has Seen used fm any such purpose as afmesaid duds2 r4e said periei! of me year or that the land has beca bciv2cd mithin the S:;ft refened to in s3.ion 23 or that sanctic?? zs aforecard >.I:< been obtaiacd in respect "hereof, dischb.ye the notice 01 11 he is not so satissed, d e s s for reslsacs i? be recorded in writing he allows further time, he shall- (;) If the land is that of the Bhuaidhar, kase it on behalf of the Bhunidhat to any paem for a pericd 3E five years in such r;;amer and on srch terns md ~ 0 3 - ditions as may be prescribed; (5) if the land is that of the A s a ~ i of the Bhurni- dhar, terxinate the lease and restore the laod to the Bhumidhar subject to the condition that the Bhunaidhan. shall undtirake to cultivate the land within six mourhs from the aate it is restored to him; aad if the Bhuzi- dhar does not give scch undertaking or fails, after giv- ing such undertaking to cultivate the land within the said period, the Deputy Commissioner may lease the land on behalf d the Bhumidhar, to any person for a period of five years in such manner and on such terns and conditions as may be przscribed; and (Chopter IZI-G. Surrender, Abandonment, Extinction mid Acquisition (Bhumidhurs a d Asamis)) I, 90 The Delhi Lad Reform Act, 1954. (iii) if the land is that of the Asami of a ~ & n Sabha, terminate, the lease an6 restore the land to the Gaon Sabha: f Provided that the restoration of the land of the Asami under this sub-section shall be without prejudice to any right of the Bhumidhar or Gaon Sabha, as the case may -be, to recover any rent due from the Asami. (5) If the Bhumidhar or Asami appears in response to: , the notice under sub-section (1) but does not undertake to; use the land as provided in clause (c) of sub-section (3), or' if the Bhumidhar or Asami does not appear in response to! such notice and the Deputy Commissioner, after such in-: quiry as he may consider necessary, is satisfied that the;; Bhumidhar or Asarmi has failed to use the land as afore-2 said during the period referred to in sub-section (I), he shall,f/ unless for reasons to be recorded in writing he decides to; discharge the notice. take action under clause (i) or clause* (ii) or, as the case may be, clause (iii) of sub-section (4). (6) Oa the expiry cf the period of any lease of land under sub-section (4) or sub-section (5), if the Deputy Com- missicmer, after making such inquiry as hs thinks fit, is satisfied- (a) that the land has been properly dtivded, he may declare the lessee to be Bhurnidkar in respect of such land subject to the payment by hl.m to the dqinal Bhumidhar d compensation equal to twenty times the land revenue then payable for $uch lmd either in me lump sum or in such instalments together with interest as may be prescribed and upon such declaration the interest d the original Bhumidhar shall be extinguish- ed; (b) that the lagd has not been poperly cultivated by the lessee, the Deputy Cmmissioner shall terminate the lease and may lease the land 03 behalf of the Bha- midhar, to another p r s m for a perid of five years in such manner and on such terns and conditims as may be prescribed and on the expiry of the _period of su'zh lease, the provisions of this sub-section shall apply: Provided that no lease shall be terminated unless the lessee has been given a reasonable oppkmity of being heard. (7) Ndhing contained in this section shall apply to a Bhumidhar to whom the provisions of section 65 apply.] Entry upon ' 66. A Gaon Sabha or a landholder who enters upon a m aban- holding in contravention of the provisicms of section 64 shall' doned be deemed to have ejected the Asamil otherwise than in accordance with the provisions of this Act. The Delhi Land Reforms Act, 1954 91 (Chapter III-G. Surrender, Abandonmefit, Extinction and Acquisition (Bhumidhs and Asamis))